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 120 |
Filed: 5/19/2011, Entered: None |
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MANDATE of USCA as to 98 Notice of Appeal, 108 Notice of Appeal, 48 Notice of Appeal, 119 Opinion - USCA, No. 08-2370 (L), No. 09-1928, No. 09-2113(jhg) (Entered: 05/19/2011)
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 Request |
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| 119 |
Filed: 4/14/2011, Entered: None |
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Published Opinion from Fourth Circuit Court of Appeals as to 48 , 98 and 108 Notice of Appeal,. 4th Circuit decision - No. 09-2113 Affirmed and Nos. 08-2370 and 09-1928 dismissed. (Attachments: # 1 Judgment No. 09-2113, # 2 Judgment No. 08-2370 (L) and No. 09-1928)(jhg) Modified on 5/19/2011 limking to correct appeals (jhg). (Entered: 04/15/2011)
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Request |
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| 118 |
Filed: 3/23/2010, Entered: None |
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MANDATE of USCA as to 94 Notice of Appeal. [09-1927] (Attachments: # 1 Order)(nll) (Entered: 03/23/2010)
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Request |
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| 117 |
Filed: 3/23/2010, Entered: None |
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MANDATE of USCA as to 110 Notice of Appeal. (Attachments: # 1 Order)(nll) (Entered: 03/23/2010)
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Request |
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| 116 |
Filed: 12/17/2009, Entered: None |
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TRANSCRIPT of Motion Hearing held on 6/3/2009 before Judge Lacy Thornburg NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/17/2010. (Reporter: Laura Andersen, 704-350-7493) (Entered: 12/17/2009)
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Request |
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| 115 |
Filed: 10/6/2009, Entered: None |
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ORDER of USCA re: Consolidating USCA 09-2137 and 08-2370, under lead case 08-2370. (nll) (Entered: 10/06/2009)
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Request |
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| 114 |
Filed: 10/6/2009, Entered: None |
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USCA Case Number 09-2137 for 110 Notice of Appeal, USCA Case Manager: Brian Bain. (nll) (Entered: 10/06/2009)
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Request |
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| 113 |
Filed: 9/30/2009, Entered: None |
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ORDER of USCA as to 108 Notice of Appeal, 48 Notice of Appeal. Re: USCA consolidating case number 09-2113 and 08-2370, under lead case number 08-2370. (nll) (Entered: 09/30/2009)
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Request |
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| 112 |
Filed: 9/30/2009, Entered: None |
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USCA Case Number 09-2113 for 108 Notice of Appeal USCA Case Manager: Brian Bain. (nll) (Entered: 09/30/2009)
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Request |
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| 111 |
Filed: 9/29/2009, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 110 Notice of Appeal. (nll) (Entered: 09/29/2009)
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Request |
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| 110 |
Filed: 9/29/2009, Entered: None |
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NOTICE OF APPEAL as to 104 Order on Motion for Attorney Fees by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Filing fee $ 455, receipt number 04190000000000899548. (Suttles, John) (Entered: 09/29/2009)
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Request |
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| 109 |
Filed: 9/28/2009, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 108 Notice of Appeal (nll) (Entered: 09/28/2009)
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Request |
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| 108 |
Filed: 9/28/2009, Entered: None |
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NOTICE OF APPEAL as to 104 Order on Motion for Attorney Fees by Duke Energy Carolinas, LLC. Filing fee $ 455, receipt number 04190000000000898027. (Rosser, Brent) (Entered: 09/28/2009)
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Request |
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| 107 |
Filed: 9/25/2009, Entered: None |
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NOTICE of Appearance by Brent Alan Rosser on behalf of Duke Energy Carolinas, LLC (Rosser, Brent) (Entered: 09/25/2009)
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Request |
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| 106 |
Filed: 9/9/2009, Entered: None |
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USCA TRANSCRIPT ORDER ACKNOWLEDGMENT re 48 Notice of Appeal --- Court Reporter: Laura Andersen Current Deadline: 11/16/2009 Proceedings: 6/3/09 Motions Hearing (nll) (Entered: 09/09/2009)
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Request |
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| 105 |
Filed: 8/27/2009, Entered: None |
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TRANSCRIPT REQUEST by Duke Energy Carolinas, LLC for proceedings held on 06/03/2009 before Judge District Judge Lacy Thornburg, (Bell, Kenneth) (Entered: 08/27/2009)
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Request |
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| 104 |
Filed: 8/27/2009, Entered: None |
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MEMORANDUM AND ORDER granting in part and denying in part 92 Motion for Attorney Fees. Signed by District Judge Lacy Thornburg on August 26, 2009. (jhg) Modified on 8/27/2009 (jhg). (Entered: 08/27/2009)
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| 103 |
Filed: 8/27/2009, Entered: None |
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USCA TRANSCRIPT ORDER ACKNOWLEDGMENT re 98 Notice of Appeal, 94 Notice of Appeal, 48 Notice of Appeal -- Court Reporter: Laura Andersen Current Deadline: 11/02/2009 Proceedings: Motions Hearing on 6/3/09 for Duke Energy (nll) (Entered: 08/27/2009)
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Request |
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| 102 |
Filed: 8/25/2009, Entered: None |
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ORDER of USCA as to 98 Notice of Appeal, 94 Notice of Appeal, 48 Notice of Appeal Re: Court consolidates Case Number 09-1927, 09-1928 and 08-2370 under lead case 08-2370. (nll) (Entered: 08/25/2009)
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Request |
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| 101 |
Filed: 8/18/2009, Entered: None |
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USCA Case Number 09-1928 for 98 Notice of Appeal USCA Case Manager: Sue Ellen Nagle. (nll) (Entered: 08/18/2009)
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Request |
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| 100 |
Filed: 8/18/2009, Entered: None |
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USCA Case Number 09-1927 for 94 Notice of Appeal USCA Case Manager: Sue Ellen Nagle. (nll) Modified on 8/18/2009 to link to document 94 (Laughlin, Nancy). NEF Regenerated. (Entered: 08/18/2009)
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Request |
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| 99 |
Filed: 8/18/2009, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 98 Notice of Appeal (nll) (Entered: 08/18/2009)
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Request |
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| 98 |
Filed: 8/17/2009, Entered: None |
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NOTICE OF APPEAL by Duke Energy Carolinas, LLC. Filing fee $ 455, receipt number 04190000000000866304. (Bell, Kenneth) (Entered: 08/17/2009)
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Request |
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| 97 |
Filed: 8/12/2009, Entered: None |
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REPLY to Response to Motion re 92 MOTION for Attorney Fees and Expenses by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Exhibit 1 - Second Declaration of John T. Suttles, Jr., # 2 Exhibit 2 - Revised Summary of Specific Hour Reductions, # 3 Exhibit 3 - Revised Fee Calculation)(Bloom, Aaron) (Entered: 08/12/2009)
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Request |
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| 96 |
Filed: 8/7/2009, Entered: None |
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RESPONSE in Opposition re 92 MOTION for Attorney Fees and Expenses by Duke Energy Carolinas, LLC. Replies due by 8/21/2009. (Attachments: # 1 Exhibit A - Chart, # 2 Exhibit B - Affidavit of Brent A. Rosser)(Bell, Kenneth) (Entered: 08/07/2009)
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Request |
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| 95 |
Filed: 8/4/2009, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 94 Notice of Appeal (nll) (Entered: 08/04/2009)
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Request |
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| 94 |
Filed: 8/3/2009, Entered: None |
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NOTICE OF APPEAL by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Suttles, John) (Entered: 08/03/2009)
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Request |
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| 93 |
Filed: 7/31/2009, Entered: None |
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MEMORANDUM in Support re 92 MOTION for Attorney Fees and Expenses by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EPA Letter to Regional Administrators, # 3 Exhibit 2 - Suttles Declaration, # 4 Exhibit 3 - Attorney Resumes, # 5 Exhibit 4 - Attorney Time Records, # 6 Exhibit 5 - Declarations Authenticating Time Records, # 7 Exhibit 6 - Reductions in Attorney Travel Hours, # 8 Exhibit 7 - Summary of Specific Hour Reductions, # 9 Exhibit 8 - Gaskins Declaration, # 10 Exhibit 9 - Fee Calculation, # 11 Exhibit 10 - Out-of-Pocket Expenses, # 12 Exhibit 11 - Documentation Supporting Out-of-Pocket Expenses)(Bloom, Aaron) (Entered: 07/31/2009)
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Request |
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| 92 |
Filed: 7/31/2009, Entered: None |
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MOTION for Attorney Fees and Expenses by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 8/17/2009. (Bloom, Aaron) (Entered: 07/31/2009)
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Request |
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| 91 |
Filed: 7/27/2009, Entered: None |
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ORDER denying 90 Motion for Extension of Time to file their motion forattorneys fees and related costs. IT IS FURTHER ORDERED that Defendants objections to Plaintiffs motion for attorneys fees and related costs shall be filed no later than AUGUST 7, 2009; Plaintiffs reply thereto, if any, shall be filed on or before AUGUST 12, 2009. Signed by District Judge Lacy Thornburg on July 27, 2009. (jhg) (Entered: 07/27/2009)
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Request |
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| 90 |
Filed: 7/23/2009, Entered: None |
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Unopposed MOTION for Extension of Time to 8/21/09 to File Motion for Attorney's Fees and Related Expenses by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 8/10/2009. (Bloom, Aaron) (Entered: 07/23/2009)
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Request |
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| 89 |
Filed: 7/10/2009, Entered: None |
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ORDER granting 88 Motion for Extension of Time to July 31, 2009, to file motion for attorneys' fees and related costs. Signed by District Judge Lacy Thornburg on July 10, 2009. (jhg) (Entered: 07/10/2009)
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Request |
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| 88 |
Filed: 7/10/2009, Entered: None |
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Unopposed MOTION for Extension of Time to File Motion For Attorney Fees by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 7/27/2009. (Longstreth, Benjamin) (Entered: 07/10/2009)
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Request |
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| 87 |
Filed: 7/2/2009, Entered: None |
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ORDER denying 69 Motion for Summary Judgment; denying 73 Motion to Amend/Correct; denying 75 Motion to Enforce Judgment; granting 80 Motion for Leave to File surreply to Defendants motion for summary judgment and the surreply attached to the motion is hereby deemed filed and a part ofthe proceedings hereinand granting 83 Motion for Leave to file supplemental authorityand the attachment to such motion is deemed filed and a part of the proceedings herein. IT IS FURTHER ORDERED that, for the reasons stated herein, the Court in its discretion, abstains from further involvement in this case, and this action is hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Lacy Thornburg on July 2, 2009. (jhg) (Entered: 07/02/2009)
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Request |
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| 86 |
Filed: 7/1/2009, Entered: None |
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NOTICE by DAQ of Supplemental Authority (Bernstein, Marc) (Entered: 07/01/2009)
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Request |
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| 85 |
Filed: 6/9/2009, Entered: None |
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REPLY to Response to Motion re 83 MOTION for Leave to File Supplemental Authority by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Longstreth, Benjamin) (Entered: 06/09/2009)
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Request |
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| 84 |
Filed: 6/9/2009, Entered: None |
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RESPONSE to Motion re 83 MOTION for Leave to File Supplemental Authority by Duke Energy Carolinas, LLC. Replies due by 6/22/2009. (Bell, Kenneth) (Entered: 06/09/2009)
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Request |
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| 83 |
Filed: 6/5/2009, Entered: None |
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MOTION for Leave to File Supplemental Authority by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 6/22/2009. (Attachments: # 1 Case (Association of Irritated Residents v. Schakel)(Bloom, Aaron) (Entered: 06/05/2009)
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Request |
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| 82 |
Filed: 6/5/2009, Entered: None |
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CERTIFICATE OF SERVICE by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club re 75 MOTION to Enforce Judgment (Attachments: # 1 Proposed Order Amended Proposed Order on Plaintiffs Motion to Enforce the Judgment)(Suttles, John) (Entered: 06/05/2009)
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Request |
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| 81 |
Filed: 6/2/2009, Entered: None |
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ORDER granting 78 Motion for Leave to File an Amicus Brief. Signed by District Judge Lacy Thornburg on 06/02/2009. (thh) Modified on 6/23/2009 (jhg). Linked to correct motion. NEF REGENERATED (Entered: 06/02/2009)
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Request |
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| 80 |
Filed: 6/2/2009, Entered: None |
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MOTION for Leave to File Surreply in Opposition to Duke's Motion for Summary Judgment by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 6/19/2009. (Attachments: # 1 Surreply in Opposition to Duke's Motion for Summary Judgment)(Bloom, Aaron) Modified on 6/23/2009 (jhg). (Entered: 06/02/2009)
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Request |
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| 79 |
Filed: 6/1/2009, Entered: None |
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RESPONSE to Motion re 78 MOTION for Leave to File Amicus Brief by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Replies due by 6/15/2009. (Bloom, Aaron) (Entered: 06/01/2009)
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Request |
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| 78 |
Filed: 6/1/2009, Entered: None |
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MOTION for Leave to File Amicus Brief by DAQ.Responses due by 6/18/2009. (Attachments: # 1 Memorandum DAQ Amicus Brief)(Gulick, James) Modified on 6/23/2009 (jhg). (Entered: 06/01/2009)
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Request |
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| 77 |
Filed: 5/28/2009, Entered: None |
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REPLY to Response to Motion re 69 MOTION for Summary Judgment Duke Energy Carolinas, LLC's Reply in Support of Its Motion for Summary Judgment by Duke Energy Carolinas, LLC. (Attachments: # 1 Exhibit A)(Bell, Kenneth) (Entered: 05/28/2009)
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Request |
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| 76 |
Filed: 5/18/2009, Entered: None |
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MEMORANDUM in Opposition re 69 MOTION for Summary Judgment and in Support of Plaintiffs' Motion To Enforce (Doc. 75) by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Replies due by 6/1/2009. (Attachments: # 1 Exhibit Exhibit List to Plaintiffs' Memorandum, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Affidavit of Benjamin Longstreth Pursuant to Rule 56(f))(Longstreth, Benjamin) (Entered: 05/18/2009)
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Request |
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| 75 |
Filed: 5/18/2009, Entered: None |
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MOTION to Enforce Judgment by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 6/4/2009. (Attachments: # 1 Proposed Order)(Longstreth, Benjamin) (Entered: 05/18/2009)
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Request |
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| 74 |
Filed: 5/13/2009, Entered: None |
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ORDER denying 71 Motion for Extension of Time of the briefing schedule; granting 72 Motion for oral argument; deferring ruling on 73 Motion to Amend/Correct the case schedule and/or scheduling order. FURTHER ORDERED that the deadlines contained in the Court's Preliminary Pretrial Order and Case Management Plan and the Order Amending Case Schedule are tolled until after such time as the defendant's motion for summary judgment is resolved.. Signed by District Judge Lacy Thornburg on 5/13/09. (pdf) (Entered: 05/13/2009)
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Request |
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| 73 |
Filed: 5/7/2009, Entered: None |
Motion to Amend/Correct |
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MOTION to Amend/Correct the Court's Scheduling Order by Duke Energy Carolinas, LLC.Responses due by 5/26/2009. (Attachments: # 1 Proposed Order)(Long, Nash) (Entered: 05/07/2009)
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Request |
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| 72 |
Filed: 5/7/2009, Entered: None |
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MOTION for Hearing Duke Energy Carolina, LLC's Request for Oral Argument on its Motion for Summary Judgment by Duke Energy Carolinas, LLC. Responses due by 5/26/2009. PROPOSED ORDER DELETED - DID NOT CORRESPOND WITH THIS MOTION. (Long, Nash) Modified on 5/7/2009 (pdf) to delete proposed order at filer's request. NEF regenerated. (Entered: 05/07/2009)
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Request |
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| 71 |
Filed: 5/4/2009, Entered: None |
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Consent MOTION for Extension of Time to June 2 for Plaintiffs' Response to Defendant's Motion for Summary Judgment, to June 15 for Defendant's Reply, and for 60-day extension of case schedule by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 5/21/2009. (Attachments: # 1 Proposed Order Amending Case Schedule)(Suttles, John) (Entered: 05/04/2009)
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Request |
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| 70 |
Filed: 5/1/2009, Entered: None |
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MEMORANDUM in Support re 69 MOTION for Summary Judgment by Duke Energy Carolinas, LLC. (Long, Nash) (Entered: 05/01/2009)
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Request |
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| 69 |
Filed: 5/1/2009, Entered: None |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Duke Energy Carolinas, LLC.Responses due by 5/18/2009. (Attachments: # 1 Proposed Order)(Long, Nash) (Entered: 05/01/2009)
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Request |
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| 68 |
Filed: 3/31/2009, Entered: None |
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ORDER granting 67 Motion to extend the case schedule, and the Pretrial Order is amended to extend its deadlines for further proceedings and the scheduled trial in this case for 30 days. FURTHER ORDERED that the peremptory trial setting is rescheduled for 8/17/09.. Signed by District Judge Lacy Thornburg on 3/31/09. (pdf) (Entered: 03/31/2009)
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Request |
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| 67 |
Filed: 3/30/2009, Entered: None |
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Joint MOTION to Amend/Correct 61 Scheduling Order, for Extension of Case Schedule, with Proposed Order, by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 4/16/2009. (Attachments: # 1 Proposed Order Proposed Order Amending Case Schedule)(Suttles, John) (Entered: 03/30/2009)
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Request |
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| 66 |
Filed: 3/16/2009, Entered: None |
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NOTICE by DAQ DAQ Report on Minor HAP status and permit modification (Attachments: # 1 Exhibit Ex A Cliffside Permit Review, # 2 Exhibit Ex B Cliffside Permit Excerpt)(Gulick, James) (Entered: 03/16/2009)
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Request |
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| 65 |
Filed: 2/27/2009, Entered: None |
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NOTICE by DAQ Progress Report (Attachments: # 1 Exhibit Hearing Officer's Report, # 2 Exhibit Hearing Officer's Report Attachments, # 3 Exhibit Hearing Officer's Report Attachments)(Gulick, James) (Entered: 02/27/2009)
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Request |
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| 64 |
Filed: 2/13/2009, Entered: None |
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TRANSCRIPT of PRETRIAL CONFERENCE held on 1/21/09 before Judge Lacy Thornburg. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 5/14/2009. (Reporter: Karen Miller, 828-771-7217) (Entered: 02/13/2009)
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Request |
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| 63 |
Filed: 2/10/2009, Entered: None |
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ORDER of USCA as to 48 Notice of Appeal, (nll) (Entered: 02/11/2009)
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Request |
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| 62 |
Filed: 1/29/2009, Entered: None |
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TRANSCRIPT REQUEST (Pre-Trial/Status Conference) by Duke Energy Carolinas, LLC for proceedings held on 1/21/2009 before Judge Lacy H. Thornburg. (Long, Nash) (Entered: 01/29/2009)
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Request |
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| 61 |
Filed: 1/22/2009, Entered: None |
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Preliminary Pretrial Order and Case Management Plan: Estimated Trial Time: 2 days Discovery due by 5/22/2009. Motions due by 6/1/2009. Jury Trial set for 7/20/2009 10:00 AM in Courtroom 1, 100 Otis St., Asheville, NC 28801 before District Judge Lacy Thornburg. A final decision as to whether or not this case is appropriate for a jury trial will be made by the Court at a later date. Signed by District Judge Lacy Thornburg on January 22, 2009. (jhg) (Entered: 01/22/2009)
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Request |
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| 60 |
Filed: 1/20/2009, Entered: None |
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NOTICE by DAQ re 56 Order, 57 Notice (Other), Notice (Other), 55 Miscellaneous Filing Amicus Brief of DAQ (Gulick, James) (Entered: 01/20/2009)
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Request |
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| 59 |
Filed: 1/20/2009, Entered: None |
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TRANSCRIPT of Motion Hearing held on 10/16/08 before Judge Lacy Thornburg NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 4/20/2009. (Reporter: Karen Miller, 828-771-7217) (Entered: 01/20/2009)
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Request |
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| 58 |
Filed: 1/12/2009, Entered: None |
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Miscellaneous Filing by Duke Energy Carolinas, LLC. Letter to Court (Bell, Kenneth) (Entered: 01/12/2009)
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Request |
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| 57 |
Filed: 1/9/2009, Entered: None |
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NOTICE by DAQ Actions taken by DAQ since last Notice to Court (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit B-3, # 6 Exhibit B-4, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G)(Gulick, James) (Entered: 01/09/2009)
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Request |
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| 56 |
Filed: 1/9/2009, Entered: None |
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ORDER extending an invitation to the Office of the N.C. Attorney General to file an amicus brief by January 20, 2009. Signed by District Judge Lacy Thornburg on January 9, 2009. (jhg) (Entered: 01/09/2009)
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Request |
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| 55 |
Filed: 1/7/2009, Entered: None |
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Miscellaneous Filing by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Letter to Court (Bloom, Aaron) (Entered: 01/07/2009)
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Request |
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| 54 |
Filed: 12/31/2008, Entered: None |
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USCA TRANSCRIPT ORDER ACKNOWLEDGMENT re 48 Notice of Appeal - Court Reporter: Karen Miller (nll) (Entered: 01/06/2009)
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Request |
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| 53 |
Filed: 1/2/2009, Entered: None |
Jury Demand |
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DEMAND for Trial by Jury by Duke Energy Carolinas, LLC (Long, Nash) (Entered: 01/02/2009)
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Request |
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| 52 |
Filed: 12/22/2008, Entered: None |
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CERTIFICATION of initial attorney conference and discovery plan (Attachments: # 1 Proposed Order Plaintiffs' Proposed Order, # 2 Proposed Order Defendant's Proposed Order)(Longstreth, Benjamin) (Entered: 12/22/2008)
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Request |
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| 51 |
Filed: 12/18/2008, Entered: None |
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USCA Case Number 08-2370 for 48 Notice of Appeal, USCA Case Manager: Brian Bain. (nll) (Entered: 12/18/2008)
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| 50 |
Filed: 12/17/2008, Entered: None |
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*** AMENDED *** Transmission of Notice of Appeal to US Court of Appeals re 48 Notice of Appeal. (nll) (Entered: 12/17/2008)
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Request |
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| 49 |
Filed: 12/17/2008, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 48 Notice of Appeal, (nll) (Entered: 12/17/2008)
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| 48 |
Filed: 12/17/2008, Entered: None |
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NOTICE OF APPEAL as to 44 Judgment, 43 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief by Duke Energy Carolinas, LLC. Filing fee $ 455, receipt number 04190000000000687729. (Long, Nash) (Entered: 12/17/2008)
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| 47 |
Filed: 12/12/2008, Entered: None |
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ANSWER to 1 Complaint,, by Duke Energy Carolinas, LLC.(Long, Nash) (Entered: 12/12/2008)
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| 46 |
Filed: 12/12/2008, Entered: None |
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NOTICE by DAQ (Attachments: # 1 Exhibit Duke letter to DAQ, # 2 Exhibit DAQ letter to Duke)(Gulick, James) (Entered: 12/12/2008)
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| 44 |
Filed: 12/2/2008, Entered: None |
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JUDGMENT in favor of Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Southern Alliance for Clean Energy against Duke Energy Carolinas, LLC. Signed by District Judge Lacy Thornburg on December 2, 2008. (jhg) (Entered: 12/02/2008)
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| 43 |
Filed: 12/2/2008, Entered: None |
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MEMORANDUM AND ORDER granting 24 Motion for Summary Judgment; denying 26 Motion to Dismiss; granting 39 Motion to supplement the record. Signed by District Judge Lacy Thornburg on December 2, 2008. (jhg) Modified on 12/2/2008 (jhg). (Entered: 12/02/2008)
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| 42 |
Filed: 10/24/2008, Entered: None |
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REPLY to Response to Motion re 39 Second MOTION Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion,Second MOTION Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, by Duke Energy Carolinas, LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Proposed Order Proposed Order PDF Version Submitted Herewith; Will be filed via Cyberclerk)(Long, Nash) (Entered: 10/24/2008)
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| 41 |
Filed: 10/23/2008, Entered: None |
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NOTICE by Duke Energy Carolinas, LLC of Intent to File Reply Brief (Long, Nash) (Entered: 10/23/2008)
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Request |
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| 40 |
Filed: 10/21/2008, Entered: None |
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RESPONSE in Opposition re 39 Second MOTION Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion,Second MOTION Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Replies due by 11/3/2008. (Bloom, Aaron) (Entered: 10/21/2008)
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| 39 |
Filed: 10/15/2008, Entered: None |
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Second MOTION Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, by Duke Energy Carolinas, LLC.Responses due by 11/3/2008. (Attachments: # 1 Exhibit A - Oct. 14, 2008 Letter to B. Keith Overcash, # 2 Proposed Order PDF of Proposed Order Granting Second Motion to Supplement)(Long, Nash) (Entered: 10/15/2008)
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| 38 |
Filed: 10/8/2008, Entered: None |
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ORDER granting 36 Motion to supplement the record. Signed by District Judge Lacy Thornburg on October 8, 2008. (jhg) (Entered: 10/08/2008)
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| 37 |
Filed: 10/7/2008, Entered: None |
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RESPONSE to Motion re 36 MOTION To Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, MOTION To Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Replies due by 10/20/2008. (Bloom, Aaron) (Entered: 10/07/2008)
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| 36 |
Filed: 9/24/2008, Entered: None |
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MOTION To Supplement the Record with Newly Available Evidence re 26 MOTION to Dismiss, 30 Response in Opposition to Motion,,, 27 Memorandum in Support of Motion, by Duke Energy Carolinas, LLC.Responses due by 10/14/2008. (Attachments: # 1 Exhibit A - Sept. 17 2008 Letter Notice, # 2 Exhibit B - Administrative Plaintiffs' Sept. 18, 2008 Reply Brief)(Long, Nash) (Entered: 09/24/2008)
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| 35 |
Filed: 9/17/2008, Entered: None |
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NOTICE of Appearance by Kenneth D. Bell on behalf of Duke Energy Carolinas, LLC (Bell, Kenneth) (Entered: 09/17/2008)
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Request |
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| 34 |
Filed: 9/17/2008, Entered: None |
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NOTICE of Appearance by T. Thomas Cottingham, III on behalf of Duke Energy Carolinas, LLC (Cottingham, T.) (Entered: 09/17/2008)
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| 33 |
Filed: 9/12/2008, Entered: None |
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REPLY to Response to Motion re 26 MOTION to Dismiss by Duke Energy Carolinas, LLC. (Attachments: # 1 Exhibit 7 - Envtl. Pet'r Motion for Stay, # 2 Exhibit 8 - Order (per curiam), # 3 Exhibit 9 - Hr'g Officer Rep. & Recomms.)(Long, Nash) (Entered: 09/12/2008)
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| 32 |
Filed: 9/8/2008, Entered: None |
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REPLY to Response to Motion re 24 MOTION for Summary Judgment on Liability and Standing by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Bloom, Aaron) (Entered: 09/08/2008)
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Request |
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| 31 |
Filed: 8/28/2008, Entered: None |
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MEMORANDUM in Opposition re 26 MOTION to Dismiss of Duke Energy Carolinas, LLC, by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Replies due by 9/12/2008. (Attachments: # 1 Exhibit Ex.1 Duke Energy Mem. on Motion to Dismiss-NC OAH)(Suttles, John) (Entered: 08/28/2008)
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| 30 |
Filed: 8/25/2008, Entered: None |
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RESPONSE in Opposition re 24 MOTION for Summary Judgment on Liability and Standing by Duke Energy Carolinas, LLC. Replies due by 9/8/2008. (Attachments: # 1 Appendix Unpublished Decision, # 2 Exhibit 1 - Ruff Decl., # 3 Exhibit 1, Attach. A - Ruff Decl., # 4 Exhibit 2 - Knudsen Decl., # 5 Exhibit 3 - Haviland Decl., # 6 Exhibit 4 - Campbell Decl., # 7 Exhibit 5 - McMurry Decl., # 8 Exhibit 6 - Fed. R. Civ. P. 56(f) Affidavit, # 9 Exhibit 7 - Long Decl., # 10 Exhibit 7, Attach. A - News Article, # 11 Exhibit 7, Attach. B - News Article, # 12 Exhibit 7, Attach. C - News Article, # 13 Exhibit 7, Attach. D - NOI, # 14 Exhibit 7, Attach. E - NOI, # 15 Exhibit 7, Attach. F - Order, No. 01-1074 (D.C. Cir. Jul. 26, 2001), # 16 Exhibit 7, Attach. G - Aug. 22 2008 Letter, # 17 Exhibit 7, Attach. H - Long Ex. H - 1992 USCCAN 2064 (1992))(Long, Nash) (Entered: 08/25/2008)
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| 29 |
Filed: 8/25/2008, Entered: None |
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NOTICE by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club re 25 Memorandum in Support of Motion,,,,,,,, of Erratum in Memorandum in Support of Motion For Summary Judgment (Longstreth, Benjamin) (Entered: 08/25/2008)
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| 28 |
Filed: 8/11/2008, Entered: None |
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Corporate Disclosure Statement by Duke Energy Carolinas, LLC (Long, Nash) (Entered: 08/11/2008)
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Request |
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| 27 |
Filed: 8/11/2008, Entered: None |
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MEMORANDUM in Support re 26 MOTION to Dismiss by Duke Energy Carolinas, LLC. (Attachments: # 1 Exhibit 1 - DAQ Determination - Jan. 28, 2008, # 2 Exhibit 2 - NCUC Order - Mar. 21, 2007, # 3 Exhibit NCUC Order - Mar. 21, 2007 Part 2, # 4 Exhibit 3 - Cliffside Power Plant - Statement of K. Overcash, # 5 Exhibit 4 - Final Permit - Jan. 29, 2008, # 6 Exhibit 5 - DAQ Letter - June 2, 2008, # 7 Exhibit 6 - Duke Energy MACT Assessment)(Long, Nash) (Entered: 08/11/2008)
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Request |
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| 26 |
Filed: 8/11/2008, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss by Duke Energy Carolinas, LLC.Responses due by 8/28/2008. (Attachments: # 1 Proposed Order PDF version submitted herewith; will be filed via Cyberclerk)(Long, Nash) (Entered: 08/11/2008)
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Request |
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| 25 |
Filed: 8/8/2008, Entered: None |
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MEMORANDUM in Support re 24 MOTION for Summary Judgment on Liability and Standing by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Ex. 1 Letter from Duke Energy to DAQ (Mar. 31, 2007), # 3 Exhibit Ex. 2 R. Sahu Declaration, # 4 Exhibit Ex. 3 R. Sahu Resume, # 5 Exhibit Ex. 4 L. Williams, "Health Concerns of NC Communities", # 6 Exhibit Ex. 5 Excerpts from letter from SELC to DAQ (Oct. 31, 2007), # 7 Exhibit Ex. 6 Letter from SELC & ED to DAQ (June 17, 2005), # 8 Exhibit Ex. 7 Letter from SELC to DAQ (Jan. 16, 2008) w/oral arg NJ v. EPA, # 9 Exhibit Ex. 8 Letter from DAQ to Duke (Jan. 29, 2008), # 10 Exhibit Ex. 9 Duke's MACT Assessment (July 3, 2008), # 11 Exhibit Ex. 10 Letter from SELC to DAQ (Mar. 5, 2008), # 12 Exhibit Ex. 11 Letter from SELC to DAQ (Mar. 18, 2008), # 13 Exhibit Ex. 12 Letter from DAQ to R. Roper, Duke Energy (June 2, 2008), # 14 Exhibit Ex. 13 Letter from Duke to DAQ (June 13, 2008), # 15 Exhibit Ex. 14 Letter from Duke to DAQ (July 3, 2008), # 16 Exhibit Ex. 15 S. Smith Declaration, # 17 Exhibit Ex. 16 L. Taylor Declaration, # 18 Exhibit Ex. 17 R. Fireman Declaration, # 19 Exhibit Ex. 18 M. Regan Declaration, # 20 Exhibit Ex. 19 D. Tyson Declaration, # 21 Exhibit Ex. 20 K. Sparrow Declaration, # 22 Exhibit Ex. 21 C. McCullough Declaration, # 23 Exhibit Ex. 22 G. Kidd Declaration, # 24 Exhibit Ex. 23 R. Gale Declaration, # 25 Exhibit Ex. 24 L. Lopez Declaration, # 26 Exhibit Ex. 25 P. Good Declaration, # 27 Exhibit Ex. 26 G. Straub Declaration, # 28 Exhibit Ex. 27 M. Diggins Declaration, # 29 Exhibit Ex. 28 R. Sewell Declaration, # 30 Exhibit Ex. 29 W. Fisk Declaration, # 31 Exhibit Ex. 30 EPA Opposition to Stay in NJ v. EPA, # 32 Exhibit Ex. 31 Excerpts from Duke's PSD Permit Application (Dec. 16, 2005), # 33 Exhibit Ex. 32 Excerpts from EPA Utility Study (Feb. 1998), # 34 Exhibit Ex. 33 Excerpts from EPA Mercury Study Report (Dec. 1997))(Suttles, John) (Entered: 08/08/2008)
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| 24 |
Filed: 8/8/2008, Entered: None |
Motion for Summary Judgment |
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MOTION for Summary Judgment on Liability and Standing by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club.Responses due by 8/25/2008. (Suttles, John) (Entered: 08/08/2008)
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Request |
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| 23 |
Filed: 8/1/2008, Entered: None |
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NOTICE of Appearance by James Blanding Holman, IV on behalf of all plaintiffs (Holman, James) (Entered: 08/01/2008)
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Request |
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| 22 |
Filed: 7/28/2008, Entered: None |
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CERTIFICATE OF SERVICE by Natural Resources Defense Council re 16 MOTION for Leave to Appear Pro Hac Vice as to Nancy S. Marks Filing fee $ 250, receipt number 04190000000000585345., 19 Order on Motion for Leave to Appear Pro Hac Vice, 17 Order on Motion for Leave to Appear Pro Hac Vice, 20 Order on Motion for Leave to Appear Pro Hac Vice, 15 MOTION for Leave to Appear Pro Hac Vice as to Benjamin Longstreth Filing fee $ 250, receipt number 04190000000000585339., 13 MOTION for Leave to Appear Pro Hac Vice as to Mitchell S. Bernard Filing fee $ 250, receipt number 04190000000000585308., 18 Order on Motion for Leave to Appear Pro Hac Vice, 14 MOTION for Leave to Appear Pro Hac Vice as to Aaron M. Bloom Filing fee $ 250, receipt number 04190000000000585334. (Suttles, John) (Entered: 07/28/2008)
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| 21 |
Filed: 7/24/2008, Entered: None |
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AFFIDAVIT/DECLARATION of Service of Summons, Complaint, Notices of Appearance of John Suttles as to all Plaintiffs, Disclosures of Corporate Affiliations as to all Plaintiffs, Notice of Electronic Case Opening Packet, Notice of case assignment, and Standing Order of Judge Thornburg, filed by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. Duke Energy Carolinas, LLC served on 7/21/2008, answer due 8/11/2008. (Suttles, John) (Entered: 07/24/2008)
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| 20 |
Filed: 7/23/2008, Entered: None |
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ORDER granting 13 Motion for Leave to Appear Pro Hac Vice added Mitchell Seth Bernard for Natural Resources Defense Council and Sierra Club. Signed by Magistrate Judge Dennis Howell on 7/23/08. (pdf) Modified on 7/24/2008 - Atty appears for Natural Resources Defense Council only, "Southern Alliance for Clean Energy", "Environmental Defense Fund", "National Parks Conservation Association" and "Sierra Club" removed from text(ejb). (Entered: 07/23/2008)
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| Save 25% on a pre-paid one year subscription. |
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| 19 |
Filed: 7/23/2008, Entered: None |
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ORDER granting 16 Motion for Leave to Appear Pro Hac Vice added Nancy Sharman Marks for Natural Resources Defense Council. Signed by Magistrate Judge Dennis Howell on 7/23/08. (pdf) Modified on 7/24/2008 - Atty appears for Natural Resources Defense Council only, removed Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, and Sierra Club from the text (ejb). (Entered: 07/23/2008)
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Request |
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| 18 |
Filed: 7/23/2008, Entered: None |
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ORDER granting 15 Motion for Leave to Appear Pro Hac Vice added Benjamin Hoyt Longstreth for Natural Resources Defense Council. Signed by Magistrate Judge Dennis Howell on 7/23/08. (pdf) Modified on 7/24/2008 - Atty appears for Natural Resources Defense Council only, removed "Southern Alliance for Clean Energy", "Environmental Defense Fund", "National Parks Conservation Association", & "Sierra Club" from text (ejb). (Entered: 07/23/2008)
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Request |
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| 17 |
Filed: 7/23/2008, Entered: None |
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ORDER granting 14 Motion for Leave to Appear Pro Hac Vice added Aaron Michael Bloom for Natural Resources Defense Council Signed by Magistrate Judge Dennis Howell on 7/23/08. (jhg) Modified on 7/23/2008 (jhg). Modified on 7/24/2008 - Atty appears for Natural Resources Defense Council only, removed "Sierra Club" from text(ejb). (Entered: 07/23/2008)
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Request |
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| 16 |
Filed: 7/22/2008, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice as to Nancy S. Marks Filing fee $ 250, receipt number 04190000000000585345. by Natural Resources Defense Council. (Suttles, John). Motions referred to Dennis Howell. (Entered: 07/22/2008)
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Request |
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| 15 |
Filed: 7/22/2008, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice as to Benjamin Longstreth Filing fee $ 250, receipt number 04190000000000585339. by Natural Resources Defense Council. (Suttles, John). Motions referred to Dennis Howell. (Entered: 07/22/2008)
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Request |
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| 14 |
Filed: 7/22/2008, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice as to Aaron M. Bloom Filing fee $ 250, receipt number 04190000000000585334. by Natural Resources Defense Council. (Suttles, John). Motions referred to Dennis Howell. (Entered: 07/22/2008)
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Request |
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| 13 |
Filed: 7/22/2008, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice as to Mitchell S. Bernard Filing fee $ 250, receipt number 04190000000000585308. by Natural Resources Defense Council. (Suttles, John). Motions referred to Dennis Howell. (Entered: 07/22/2008)
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Request |
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| 12 |
Filed: 7/17/2008, Entered: None |
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Summons Issued Electronically as to Duke Energy Carolinas, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (jhg) (Entered: 07/17/2008)
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Request |
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| 11 |
Filed: 7/16/2008, Entered: None |
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NOTICE of Appearance by John Timothy Suttles, Jr on behalf of Sierra Club (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 10 |
Filed: 7/16/2008, Entered: None |
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NOTICE of Appearance by John Timothy Suttles, Jr on behalf of Southern Alliance for Clean Energy (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 9 |
Filed: 7/16/2008, Entered: None |
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NOTICE of Appearance by John Timothy Suttles, Jr on behalf of Natural Resources Defense Council (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 8 |
Filed: 7/16/2008, Entered: None |
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NOTICE of Appearance by John Timothy Suttles, Jr on behalf of National Parks Conservation Association (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 7 |
Filed: 7/16/2008, Entered: None |
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NOTICE of Appearance by John Timothy Suttles, Jr on behalf of Environmental Defense Fund (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 6 |
Filed: 7/16/2008, Entered: None |
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Corporate Disclosure Statement by Sierra Club (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 5 |
Filed: 7/16/2008, Entered: None |
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Corporate Disclosure Statement by Southern Alliance for Clean Energy (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 4 |
Filed: 7/16/2008, Entered: None |
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Corporate Disclosure Statement by Natural Resources Defense Council (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 3 |
Filed: 7/16/2008, Entered: None |
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Corporate Disclosure Statement by National Parks Conservation Association (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 2 |
Filed: 7/16/2008, Entered: None |
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Corporate Disclosure Statement by Environmental Defense Fund (Suttles, John) (Entered: 07/16/2008)
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Request |
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| 1 |
Filed: 7/16/2008, Entered: None |
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COMPLAINT against Duke Energy Carolinas, LLC ( Filing fee $ 350 receipt number 04190000000000582407.), filed by Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Exhibit Index of Exhibits to Complaint, # 2 Exhibit Ex.A May 6, 2008 Notice of Violation to Duke, # 3 Exhibit Ex.B May 15, 2008 Notice of Violation to Duke, # 4 Exhibit Summons-Duke Energy Carolinas, # 5 Exhibit Civil Action Cover Sheet)(Suttles, John) Modified on 7/17/2008 by correcting date referenced in description of Attachment #2 from "May 16, 2008" to "May 6, 2008" (ejb). (Entered: 07/16/2008)
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